United States Ninth Circuit

Petition for review of the BIA's denial of petitioner's untimely motion to reopen his removal proceedings is denied in part and dismissed in part where: 1) he failed to demonstrate prejudice with regards to a due process ineffective assistance of counsel claim; 2) excuse for his failure to depart based on "exceptional circumstances" was no longer available; and 3) he failed to raise an argument regarding the creation of an "exceptional circumstance" equitable tolling exception to the relevant statute.

Appellate Information

• Decided 12/05/2006
• Published 12/05/2006

Judges

• GRABER, Circuit Judge., Before SUSAN P. GRABER, M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Frank P. Sprouls, Law Office of Ricci & Sprouls, San Francisco, CA, for the petitioner.


• For Appellees:
  
• David E. Dauenheimer, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent.